When CPS is caught in "CONTEMPT"
Posted: Fri Nov 23, 2012 9:38 pm
I live in Florida and have been dealing with CPS since August of this year. 8 days after my grandchildren were seized CPS had them vaccinated without my daughters knowledge or consent. Long story how we found out so I won't go there now but the two older boys have had Religious Exemptions to Vaccinations since they were little and when she had the baby, the hospital called CPS on her because she declined the Hep B Vaccine. My daughters discharge was pushed back a day specifically so she could meet with a CPI prior to her being discharged. CPS had a record of her objection to shots long before they decided to have the kids vaccinated. While I have found Florida Code and Statutes as well as CPS own policy and procedures which they didn't follow to challenge their Legal Authority to have done this, I additionally went over the court order with a fine tooth comb and found this to be in direct violation of the Judges Court Order. Under the Court Order instructions for Medical Consent it states they must obtain consent from parents prior to medical treatment including immunizations.
My daughter is putting her final touches on her Affidavit of Facts and Objections and Corrections to the Verified Petition and she wants to include CPS deliberate defiance of the Courts legal authority by not obeying the Order. It doesn't seem to be enough to merely point it out in the Affadavit of Facts. If my daughter had violated the court order you can bet she would have been held in contempt and so should they. Guess you could say she wants to ask the Judge to hold CPS in contempt.
We tried to find guidelines for dependency court Judges like he/she must be fair and impartial but have had no luck. Any suggestions as to how we can include her request to hold CPS in contempt in the Affadavit? I think I can't think straight anymore...
It's also clear to us that the Court Appointed Attorney does nothing but get in our way. He refused to file her Affadavit and Objections and Corrections and the clerk wont file them because she has a Court Appointed Attorney. How do we get past this hurdle? We have to get the facts and truth on the record to protect her ability to appeal should she lose at trial but we are so weary from hitting walls...
Her Attorney keeps telling her not to worry about the Affadavit because shes going to trial and her testimony will be her affadavit. Problem is, she won't be steering her own testimony, he will or CPS will and there are just way to many potential issues on appeal to be protected in her case to leave it to chance... Any direction, suggestions or help would be greatly appreciated. We are on dead Empty...
My daughter is putting her final touches on her Affidavit of Facts and Objections and Corrections to the Verified Petition and she wants to include CPS deliberate defiance of the Courts legal authority by not obeying the Order. It doesn't seem to be enough to merely point it out in the Affadavit of Facts. If my daughter had violated the court order you can bet she would have been held in contempt and so should they. Guess you could say she wants to ask the Judge to hold CPS in contempt.
We tried to find guidelines for dependency court Judges like he/she must be fair and impartial but have had no luck. Any suggestions as to how we can include her request to hold CPS in contempt in the Affadavit? I think I can't think straight anymore...
It's also clear to us that the Court Appointed Attorney does nothing but get in our way. He refused to file her Affadavit and Objections and Corrections and the clerk wont file them because she has a Court Appointed Attorney. How do we get past this hurdle? We have to get the facts and truth on the record to protect her ability to appeal should she lose at trial but we are so weary from hitting walls...
Her Attorney keeps telling her not to worry about the Affadavit because shes going to trial and her testimony will be her affadavit. Problem is, she won't be steering her own testimony, he will or CPS will and there are just way to many potential issues on appeal to be protected in her case to leave it to chance... Any direction, suggestions or help would be greatly appreciated. We are on dead Empty...